EEA3 & EEA4 Applications employment

[nidaulhaque]

I sent eea3 application this month with all the documents including my exercising treaty rights for past 5 years, which already complected this month.

now here is my questions.

1. if i leave my employment end of this month, will this effect my eea3 application or my British citizen application?

2. my spouse (non eea) needs to apply eea4 next year will it be problem if i stop working now? and will this effect his eea4 and British citizen application?

3. and finally my spouse mother and father also got residence card as a family member of eea national (on my basis) will this effect their eea4 and British citizen application??

let me know if you need more info.

[nidaulhaque]

can you please reply to this post specially Obie, Directive/2004/38/EC or vinny need your expect advice

[nidaulhaque]

can you please reply to this post specially Obie, Directive/2004/38/EC or vinny need your expect advice

SORRY MEAN EXPERT ADVICE

[nidaulhaque]

Can someone reply to above post plz

[boloney]

1. if i leave my employment end of this month, will this effect my eea3 application or my British citizen application?

2. my spouse (non eea) needs to apply eea4 next year will it be problem if i stop working now? and will this effect his eea4 and British citizen application?

3. and finally my spouse mother and father also got residence card as a family member of eea national (on my basis) will this effect their eea4 and British citizen application??

let me know if you need more info.

1. no
2. your spouse will have to show that you was exercising treaty rights in the UK while she was here. so if she will complete 5 years next year you will have to show that you was exercising treaty rights to she complete 5 years residence. (I don`t think PR will cover unemployment) but if you wanna leave your current employer and start new job then there will be no problem.
3.as above

[nidaulhaque]

1. if i leave my employment end of this month, will this effect my eea3 application or my British citizen application?

2. my spouse (non eea) needs to apply eea4 next year will it be problem if i stop working now? and will this effect his eea4 and British citizen application?

3. and finally my spouse mother and father also got residence card as a family member of eea national (on my basis) will this effect their eea4 and British citizen application??

let me know if you need more info.

1. no
2. your spouse will have to show that you was exercising treaty rights in the UK while she was here. so if she will complete 5 years next year you will have to show that you was exercising treaty rights to she complete 5 years residence. (I don`t think PR will cover unemployment) but if you wanna leave your current employer and start new job then there will be no problem.
3.as above

No you got it wrong, plz read again my main post, I eea national already completed 5 years as qualified person and already sent my eea3 application and now asking if I leave job what will be happen with non eea family member???

[Jambo]

1. if i leave my employment end of this month, will this effect my eea3 application or my British citizen application?

No. Once you have completed the 5 years, you have obtained the PR automatically. The HO just confirms that by issuing the PR card.

2. my spouse (non eea) needs to apply eea4 next year will it be problem if i stop working now? and will this effect his eea4 and British citizen application?

No problem. No affect.

3. and finally my spouse mother and father also got residence card as a family member of eea national (on my basis) will this effect their eea4 and British citizen application??

No.

[nidaulhaque]

Thanks again for fast reply,

another question, my husband's father and mother also got residence card (family member of eea national) on my basics so when they apply for pr do they need to prove they were my dependent? like financially?

[nidaulhaque]

Thanks again for fast reply,

another question, my husband's father and mother also got residence card (family member of eea national) on my basics so when they apply for pr do they need to prove they were my dependent? like financially?

@jambo

can you please put some light on the above statment

[nidaulhaque]

Thanks again for fast reply,

another question, my husband's father and mother also got residence card (family member of eea national) on my basics so when they apply for pr do they need to prove they were my dependent? like financially?

Still waiting for reply about above questions, any1????

[Jambo]

Thanks again for fast reply,

another question, my husband's father and mother also got residence card (family member of eea national) on my basics so when they apply for pr do they need to prove they were my dependent? like financially?

Yes. Like you did for the RC.

[nidaulhaque]

Thanks again for fast reply,

another question, my husband's father and mother also got residence card (family member of eea national) on my basics so when they apply for pr do they need to prove they were my dependent? like financially?

Yes. Like you did for the RC.

Thanks jambo for your reply, for rc I did not sent anything to prove they were financially dependant on me, just sent proof of address ( nhs letters) that they living at same address. So will they ask to prove how I was financially support them? Can I say through cash?

[Jambo]

Dependant doesn't necessary mean financially although this is one that is relatively easy to prove. Cash payments is not easy to prove.

Do they still live with you? Do you pay for their costs or do they have independent life living and working somewhere else?

[Obie]

Dependant doesn't necessary mean financially

For the purpose of the EEA regulations, it does mean financially dependancy.

The person needing the support from the EEA national to meet their essential needs.

However it appears the application was on the basis of membership of the same household, and provided that condition continue to be met, they may be alright.

[Jambo]

Wouldn't 8(3) considered dependency?

[Obie]

Will it is a not classified as dependancy, it state "serious health condition that strictly require the care of the EEA national". That is a very high threshold, which i am not sure the OP or yourself was referring to on your respective posts. It is alternative to dependency or members of the household in Article 3(2) and also regulation 8(2) and 8+3).

The court has defined dependancy in Lebon, Jia and it simply means providing material support to meet ones essential needs.

[nidaulhaque]

Thanks for your interest about this matter. They always living with me at same address they both never worked. From last one year they getting pension credit, will this be problem?

[nidaulhaque]

on the regulation 2006 it does not say about father and mother of eea or non eea member. but if you visit HO website this link http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

it says
Your family
If you have a right to live the in the UK, your family may join you here. Your family is defined as:

your spouse (husband or wife) or civil partner;
any children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent on you; and
the parents or grandparents of you, your spouse or your civil partner.

so does they don't have automatic rights as they not extended family member?
Plus pension credit will it be problem?

[nidaulhaque]

can someone reply to this plz

[nidaulhaque]

i believe no one here to reply above post??

[frei]

Extended family members do not have automatic right of residence.

[Jambo]

on the regulation 2006 it does not say about father and mother of eea or non eea member.

Yes it does. See 7(1)(c).

[nidaulhaque]

Extended family members do not have automatic right of residence.

well father in law and mother in law does not comes under extended family member, is it right jambo?

and another question in section 8,2 it says ""the person satisfied the condition in paragraph (a), has joined the EEA national in the United Kingdom and continues to be dependent upon him or to be a member of his household."""

so it does say either dependent upon him or member of same household.

[frei]

Family members of EU citizens have automatic right of residence as set out in article 2 (2) Other family members do not.

The parents of your spouse are your own family member. They have automatic right of residence.

[nidaulhaque]

Family members of EU citizens have automatic right of residence as set out in article 2 (2) Other family members do not.

The parents of your spouse are your own family member. They have automatic right of residence.

ok, yes so they have automatic rights like spouse of eea, so pension credit can effect their application for pr? or i have to show that they are dependable on me (financially)